Unpaid Wages

When your employer told you that you had to work before you clocked in every day, you thought it was part of your job.

All you wanted was to be a good employee and a good team member. So when your boss told you that you needed to work before you clocked in every morning, you did your part. You didn’t know that it is against the law for your employer to make you work for no pay. You needed that money. You have a lot of bills, and one of your kids just got sick.

There’s no way around it. Unpaid wages are wrong. A day’s work for a day’s pay—you did your part. You deserve justice for your unpaid wages—you need an employment lawyer.

We know wage and hour laws. We work with them every day, and we will help you fight for your rights.

Fighting Unpaid Wages

The law is on your side—people should get paid for the work they do. Your issue might be different. Your employer should be paying for your required training, travel, and overtime, should be paying you at least minimum wage, and should pay your final check when you leave.

You should consult with an employment lawyer—one who is experienced in fighting workplace issues. We work every day on workplace issues like unpaid wages and we can help you fight for your rights.

Need an employment lawyer? Here are your next steps.

You’ve been pushed far enough. It’s time to call us and find out how we can get your unpaid wages back.

One important note: Under the law, you have a limited amount of time to act in an unpaid wages case.

Read on to learn more about how employers cheat employees out of their earned wages:

Misclassification and Unpaid OvertimeWage and hour disputes can take many forms. One of the common problems is unpaid wages such as for overtime. One way employers violate wage laws is to designate employees as “exempt” from overtime when they should be classified as “non-exempt”. This means employers pay their employees a straight salary regardless of the number of hours that they work, when in fact, wage laws generally require employers to pay employees on an hourly basis in addition to time and a half for all hours worked over forty in one week.

Another way employers fail to pay overtime wages is by paying employees straight time for all hours worked instead of properly giving employees time and a half for hours worked over forty, or they average the hours worked during a two week pay period instead of determining overtime for each week. Employers sometimes offer “comp time” or a bonus rather than paying overtime wages – this violates the wage laws. Other times, employers do not include bonuses, commissions, or shift differentials in calculating the overtime rate they pay to employees.

Off-The-ClockEmployers also violate wage laws by requiring employees to clock out at the exact time they are scheduled to end their shift or work day, and then require the employees to keep performing work related to tasks off the clock. Sometimes employers also permit or require employees to take work home, but do not pay them for that time spent working. Employers also violate the law by automatically deducting a lunch break from employees’ time records even if the employees work through their lunch break.

Minimum WageFederal and state laws mandate that employers are to pay employees a minimum hourly rate. If the state in which you work has a higher rate than the federal minimum wage, then you are entitled to the highest applicable minimum wage. Common violations of minimum wage occur in situations where employees receive commissions or tips.

Unpaid CommissionsEmployees who receive commissions are often exploited by their employers who change or deviate from the commission agreement and pay less than the employees actually earned. Employers also violate wage laws by withholding earned commissions or not paying them in a timely manner.

Other Wage ViolationsOther ways employers violate wage laws are by failing to pay for travel time when traveling is a requirement of an employee’s job; failing to pay for work-related or required meetings, trainings or seminars; or failing to keep adequate records which results in employees getting shorted on their pay.

Wrongful Termination

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At Widman & Franklin, we offer our experience and knowledge of Labor and Employment Law and ensure your rights will be upheld. Find the answers to your questions and learn more about what we can do for you. Learn More >